Post Office (Horizon System) Offences Bill

Rushanara Ali Excerpts

2nd reading
Wednesday 20th March 2024 Commons Chamber

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

We are now over two decades into this scandal, with the victims still suffering the ongoing consequences of this injustice: unjust prison sentences, bankruptcy, ostracisation from communities, family breakdown and homelessness. Tragically, as we have heard, this scandal has led to some people taking their lives. According to the Post Office Horizon IT inquiry, at least 60 sub-postmasters had died without seeing justice or receiving compensation as of 10 August 2023, and at least four had taken their own lives. All our thoughts continue to be with their families.

This scandal has been a seismic tragedy at every stage. The mental toll and stress that victims have faced is beyond what many of us can begin to comprehend. This scandal has been defined at every turn by an abuse of power, disregard for sub-postmasters’ lives, the passing of blame and perpetual delay.

This Bill is an important step forward in addressing the greatest miscarriages of justice in our country. It will mean that hundreds of innocent victims will have their rightful innocence returned to them. However, this is just one of a number of actions that need to be taken to make amends and to correct this terrible injustice. We need to see convictions quashed, compensation delivered urgently and justice sought from the independent inquiry.

Along with other colleagues, I pay tribute to Alan Bates and the many sub-postmasters who have campaigned and worked tirelessly to see justice. This Bill marks an important victory for sub-postmasters, and I pay tribute to their bravery and perseverance in the face of so much suffering and adversity. They have had so much taken from them, and yet they have kept fighting. This is truly remarkable, and it is wonderful to hear the tributes that have been paid by so many across the House and also across our country.

I pay tribute to my right hon. Friend the Member for North Durham (Mr Jones) for all his work fighting on behalf of sub-postmasters, and to Lord Arbuthnot for his years of work on tackling this injustice. I also thank the Minister for postal affairs, the Under-Secretary of State for Business and Trade, the hon. Member for Thirsk and Malton (Kevin Hollinrake), for all his work, from the Back Benches as well as from the Front Bench. There have been many Members across the two Houses who have highlighted the injustice suffered by sub-postmasters, and I extend the Opposition’s appreciation for the work they have done and for the cross-party nature of the campaigning that has gone on thus far.

I think we can all agree that the influence of the ITV drama “Mr Bates vs the Post Office” has been very significant in this campaign. The Minister has done a huge amount of work, but there is no denying that that programme has brought to the attention of the wider public the scandal that has affected so many sub-postmasters. However, it should not have taken the release of that drama to get to where we are today. This is in no way a criticism; it is a recognition of the fact that certain scandals have needed that wider attention from the media, from programmes and documentaries, before attention is received. But we are where we are, and it is encouraging to see the steps that have been taken.

This Bill will quash the convictions of the sub-postmasters and others who worked in the Post Office branches who suffered as a result of the Horizon scandal. As has already been said, and I further stress, the quashing of these convictions must not set a precedent. The Bill undermines a key part of our democracy, the separation of the legislature and judiciary. As has been said earlier, it is a constitutional anomaly. We must understand the weight of this so that such action is never considered again. The legal solution of this Bill is a wholly exceptional and isolated case, where these necessary actions will be taken to match a miscarriage of justice unprecedented in both scale and impact. As the shadow Business Secretary, my hon. Friend the Member for Stalybridge and Hyde (Jonathan Reynolds), has made clear, an incoming Labour Government would never use this kind of action again.

I echo the comments on the territorial scope of today’s Bill and restate that the Labour party supports the calls to extend the provisions of the Bill to the cases in Northern Ireland. Every party in Northern Ireland and every Minister in the new Assembly is calling for their inclusion in the Bill. Their exclusion will sadly only delay the exoneration of victims in Northern Ireland all the more, so I hope the Minister will seriously consider this decision and what can be done further, and take on board the points that have been made by hon. Members including my hon. Friend the shadow Business Secretary.

We have heard many powerful contributions in today’s debate, and there is broad agreement on the Bill’s necessity. The right hon. Member for Haltemprice and Howden (Sir David Davis) highlighted his misgivings, and he described the Bill as representing

“the best of a bad job.”

Of course, he extended his support and highlighted the Bill’s unprecedented nature.

My right hon. Friend the Member for Birmingham, Hodge Hill (Liam Byrne) made the case for speed in granting compensation. My right hon. Friend the Member for North Durham (Mr Jones) raised important concerns about the potential limitations of setting deadlines for paying compensation. While ensuring the proper handling of complex cases, I hope the Government will take those points into consideration.

My right hon. Friend also raised important points about the need for the judiciary and the Government to learn broader lessons from this scandal so that they can be applied to other scandals, a number of which have been mentioned in the debate, including the contaminated blood scandal and the Windrush scandal. It is encouraging to see such eagerness to reflect and learn so that things do not have to go this far before being addressed.

The hon. Member for Motherwell and Wishaw (Marion Fellows) has been a tireless advocate and campaigner for justice for sub-postmasters, and she rightly highlighted the need to continue our laser-sharp focus on supporting victims. She and others in her party relayed, once again, the concern that Scotland has been left out of the Bill.

The hon. Member for Sutton and Cheam (Paul Scully) spoke powerfully about his time as postal affairs Minister. As he is standing down, I commend him for his work in the Department and for his wider cross-party work on a number of issues, including Myanmar with me and many other colleagues. We wish him well in his future endeavours. Like others, he raised the need to learn lessons and to ensure that, when we say that scandals of this scale must never happen again, we truly ensure that they never happen again.

The hon. Member for North Norfolk (Duncan Baker) spoke powerfully about his career as a sub-postmaster. He brings insight to this debate and the campaign, and he reflected on how he has supported his constituent who has faced trauma, and how he has drawn those lessons into the Minister’s work. I was struck by the way in which he reflected on the wider issues.

The hon. Gentleman said that work is needed on the Post Office’s culture in tackling wider systemic issues, and he said that the Post Office is “losing its soul”. As we look to the future, I hope the Government will consider how we make the necessary reforms so that the Post Office is fit for purpose. He rightly said that Fujitsu needs to be held accountable, and that it should pay compensation. Although that is outside the scope of this Bill, the Minister and others need to ensure that Fujitsu pays for what was caused by its technological failures.

The right hon. Member for East Antrim (Sammy Wilson) made a powerful case for those whose appeals have been rejected, and he argued that their cases need to be reconsidered. I know that the Minister has responded and will look at those issues closely. The right hon. Member also made the point about territorial scope, reinforcing the point about the need for Northern Ireland to be included in the Bill. The point about the 12-week consultation has been made consistently, as it means that the 27 or 30 Northern Irish cases will face huge delays. That means further suffering, so it is important for the Government to consider including Northern Ireland, as we have called for.

The right hon. Member for Orkney and Shetland (Mr Carmichael) made the case for the Scottish Government to introduce legislation in parallel in Scotland. Much work has been done in Scotland and the case for needing to work in parallel, in lockstep, to ensure that there are provisions in Scotland has been made. The hon. Member for North Down (Stephen Farry) spoke about prosecutions that should never have taken place. Once again, he made the case for Northern Ireland’s inclusion and for avoiding delay.

We have heard many powerful testimonies from victims who have said that they lost decades of their lives to this scandal. Katie Downey, who set up the group Lost Chances for the Children of Sub-postmasters to support the children of some of the victims of the scandal, said that when her father was made bankrupt by the scandal she was 11 years old and her family had to flee to France. She stopped speaking for two years as a result of the trauma; her childhood was shaped by this injustice. We must not forget the wide-reaching impact of this scandal on family members. There are children, spouses, parents, close friends and neighbours who have not only journeyed with the victims, but suffered themselves and lived out the consequences of this injustice.

Seema Misra was jailed on her son’s 10th birthday, while she was pregnant, after being pronounced guilty of stealing £74,000 from the post office she ran—she had been wrongly accused. Ms Misra and her husband had been trying for a baby for eight years and what should have been one of the happiest moments of their lives became a nightmare. She was put under suicide watch in prison and describes how she reached “rock bottom”. Those are only two stories of the horrors that have defined the lives of victims.

Today, I thank colleagues from across the House for powerfully sharing the examples of the cases they have dealt with, be they those of constituents or cases they have come across through their campaigning work. I also thank colleagues for the tireless work they have done in advocating for those people, telling their stories, talking to Ministers and persisting. These people’s stories and voices must be central in shaping our next steps in the pursuit of their compensation, of justice and of their exoneration. We welcome this crucial piece of legislation, but it is by no means anywhere close to an end point. It is merely a further step in the right direction in securing justice for the sub-postmasters.

We support the work of the independent inquiry in uncovering the full and precise truth of all that has unfolded in the Post Office. Truth and justice has been denied to sub-postmasters at every turn, and I hope that the inquiry will finally provide the transparency that is desperately needed. There is much still to be done in the pursuit of justice for sub-postmasters, and we must all continue to support them and do all we can to right the many wrongs they have suffered.

Post Office (Horizon System) Offences Bill

Rushanara Ali Excerpts

Committee of the whole House
Monday 29th April 2024 Commons Chamber

[Ian Paisley (North Antrim) (DUP)]

Like other Members, I will not speak for very long. In this instance, I actually mean that. I will speak to new clause 1 in my name and those of my colleagues, and new clauses 3 and 2 in the names of the Secretary of State and my colleagues. The Minister will really have an opportunity to dine out on all the thanks and gratitude. It is not given lightly. He has shown something that the public constantly tell us is absent from this place: honour. He has been completely honourable with the people of Northern Ireland in this matter.

Whenever my right hon. Friends the Members for East Antrim (Sammy Wilson) and for Belfast East (Gavin Robinson) raised the matter in the Chamber, they consistently asked for Northern Ireland to be included. From day one, the Minister was consistent in saying that he would use his best endeavours to do that. Sometimes we hear those words and it is only acknowledged in the breach, but he was absolutely clear that he was going to do it. There were ups and downs in the process, but every effort was made to ensure that, on a cross-party, cross-ministerial and cross-legal-jurisdiction basis, the consistent message came back to the Minister that this was the way to resolve the issue. Accepting the instruction this evening was a clear indication that that would happen.

New clause 1 is now superfluous to requirements. It has been incorporated in the Government’s own new clauses. We welcome that and thank the Government for it. Sub-postmasters across Northern Ireland will know that they are being treated exactly the same, with the same opportunity for fairness and to receive compensation, as their colleagues in England and Wales. I hope it is not inappropriate to thank the Clerks’ office. I really want to draw attention to how, frankly, brilliant they are in helping us to ensure that new clauses are drafted correctly. That made it easier for the Government’s team to then accept what we had tabled. Without the Clerks’ help, we would not have been as successful. It is only appropriate to acknowledge that.

I know from speaking to some of the victims that they are extremely grateful. They were wound up a bit from time to time by the media, who told them, “Northern Ireland is being excluded. You’re not going to get it,” even after we had the commitment from the Minister. Thankfully, tonight postmasters in Northern Ireland will see justice, and I thank him for that. I will therefore not press new clause 1 in my name.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

It cannot be repeated often enough that the Horizon scandal remains one of the greatest miscarriages of justice our nation has experienced. It is a scandal characterised by abuse of power, the mistreatment of innocent people and the wholesale failure of the entire system. We might blame it on a failure of IT, but that is not the whole story. It is human failure on a grand scale—a failure to listen, and a failure to learn. It is a failure by the powerful to listen to sub-postmasters, and it has had a catastrophic cost in reputation, income and suffering on hard-working, innocent sub-postmasters and their loved ones.

Sub-postmasters are people we rely on, at the heart of our communities—the people who serve us, help us and hold our communities together. Without the tireless campaigning of people such as Alan Bates, the relentless efforts of parliamentarians across the House, and the work of journalists and filmmakers, perhaps justice would have never been done. To them I pay tribute, and I extend my gratitude to the Minister for the work that he has done, from the Front Bench as well as from the Back Benches. We have heard horrific stories of sub-postmasters who took their own life because of the suffering, and stories of shame, pain and suffering for sub-postmasters, as well as their families and friends.

Labour supports this unprecedented Bill, and we believe that it must pass into law with the necessary urgency, given the gravity of the situation. This has been said already, but it is crucial that this Bill should not set a precedent. It is an exception. We must understand the weight of this action, so that it is never even considered again. The legal solution in this Bill is a wholly exceptional and isolated case. These necessary actions are being taken to match a miscarriage of justice unprecedented in both scale and impact. The Bill must not set a precedent.

--- Later in debate ---

[Rushanara Ali]

I thank the Minister and the Secretary of State for their remarks. Today’s Bill, as has been acknowledged, provides an important step forward in bringing justice for sub-postmasters. They have suffered more than we can imagine, as the Secretary of State has pointed out. That has included unjust prison sentences, bankruptcy, ostracisation from communities, family breakdown and homelessness. Tragically, the scandal has led to some sub-postmasters taking their own lives. Today by no means makes amends for what they have been through and the suffering their families have endured, but it is an important positive step.

We welcome, as I have said previously, the fact that today’s Bill will bring particular relief for the 27 Northern Ireland cases and ensure that they receive exoneration. The many stories we have heard of those affected, whether in this debate or in previous statements and debates, are just snapshots of the scale of suffering that the Horizon scandal has caused. It has been a scandal defined by the abuse of power, secrecy and delay. As others have acknowledged, we have seen the inquiry revealing yet more challenges and yet more issues, whether those relate to the cases referred to today, non-disclosure agreements, the speed with which action is taken, the particular abuses that we have seen or much else. While this Bill has a particular focus, it will not be enough.

As I said earlier, I welcome the actions the Minister is taking to address the concerns on Capture. I welcome the clarification he has made on Pathway and the assurances he has given to Members on both sides of the House on the speed of providing the necessary compensation and on ensuring that this Bill remains a unique provision, given the unique and extraordinary situation that sub-postmasters have experienced and the injustice they have faced.

We look forward to seeing progress on the action that will be taken to deliver the compensation that sub-postmasters desperately need. We look forward to working with the Government to make sure that the Post Office is fit for purpose, because frankly what we have seen from this scandal and what has been uncovered over the period that the Post Office has presided over it and its implications has exposed major failings that we urgently need to address. We must ensure that the institution is fit for purpose, that further scandals do not hit that institution and that more people do not suffer. What we have seen does not inspire confidence, and action must be taken. I look forward to working with Ministers to help achieve that.

Post Office (Horizon System) Offences Bill

Rushanara Ali Excerpts

Consideration of Lords amendments
Thursday 23rd May 2024 Commons Chamber

[Kevin Hollinrake]

This is an historic day. It has been a great privilege to be the Minister for the Bill, and I thank our officials for moving with lightning speed to get it to this point, only five months from when the process commenced. I also thank Members in all parts of both Houses for their co-operation and their collegiate approach to the Bill, including the Opposition Front Benchers, who have provided great support, which we greatly appreciate. I thank the Justice Secretary, my Department’s Secretary of State and the Prime Minister—the Bill would not have been possible without their support.

This is an historic day because, as a result of the Bill, convictions will be overturned on Royal Assent. With His Majesty’s agreement, that means they will be overturned tomorrow.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

Along with the contaminated blood scandal, the Horizon scandal remains a terrible stain on our nation’s recent past. It is one of the greatest miscarriages of justice in our nation’s history, and over the course of the debates on the Bill we have heard the testimonies of victims, and the lies and obfuscations of those who were responsible, expressed by Members across the House. That has rightly made Members of both Houses and the public deeply frustrated and angry at the injustice that sub-postmasters and their families have faced.

It is right that the Government have introduced legislation to exonerate those who have suffered for so long, and the time provided for the Bill today allows us to ensure that it is concluded. We must not lose sight of the task at hand during this wash-up, and we must ensure that the hundreds of innocent people who were wrongfully convicted get the justice that they deserve, and the compensation and exoneration that they desperately need. The Opposition have supported the Bill, and we support the independent inquiry and wish to see it continue its work. Even this week, with the testimony of Paula Vennells, shocking new information has been revealed, and we will continue to push for justice for the victims.

At previous stages, the Minister provided assurances that he would ensure that cases from the Capture IT system are looked at, because this Bill does not cover the wider extent of the scandal, and that the company responsible for Horizon, Fujitsu, and its executives will honour the commitment that they made to provide compensation, rather than leaving it to taxpayers to do so. I hope he can update us on any progress he has made since giving that undertaking in the House. This Parliament will soon dissolve, but Ministers of the Crown carry on for a few more weeks. I hope the Minister will make every effort to ensure as much progress as possible is made, so that the families receive the redress they desperately need.

In the other House, the Labour Front-Bench spokesperson highlighted Lord Arbuthnot’s desire to see those convicted by the Court of Appeal included in the Bill before us. At the time of speaking, the Government opposed that. We are sympathetic, but we nevertheless remain opposed to Parliament becoming, in effect,

“the appeal court for the Court of Appeal”.

We would, however, support appropriate proposals to give the 13 people not covered by the Bill the opportunity to seek redress in the courts. I hope the Minister is able to look at what might be done to work with Lord Arbuthnot to find a satisfactory solution for those 13 cases.

In conclusion, I am grateful to colleagues from across both Houses for the work they have done, particularly the Members of Parliament who worked so tirelessly to ensure that the plight of sub-postmasters and their families was raised. Their work highlighted that in this and other scandals, such as the contaminated blood scandal, it is the constituency connection and our relationship with the people we represent that is often the most powerful insight into seeing injustices early on, and seeing broader patterns that expose major failures in our system, be that in the contaminated blood scandal or the Horizon scandal. The message is very clear: whoever and whichever party is in power, Ministers, civil servants and those in positions of power must listen very closely and not dismiss the concerns of Members of Parliament who raise those cases, which can expose a bigger pattern of injustice, or the citizens we represent.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Before I call Marion Fellows, I note that earlier today Kevan Jones announced that he will not be standing at the next election. On behalf of all the victims, I thank you, Kevan, for the doughty fight that you have put up on behalf of them all. You have been absolutely amazing in what you have done. You are sitting next to Jackie Doyle-Price—I knew it was only a matter of time before she crossed the Floor. More amazing things have happened recently, so it doesn’t surprise me.

--- Later in debate ---

The right hon. Member does tremendous work on the Horizon redress advisory board, which is the reason we are here. Victims of this horrendous scandal want to see two things: redress paid for their losses, and people held to account. Both those things will be achieved because of his work and that of the noble Lord Arbuthnot. I do not believe that either of those things would have happened had they not worked as hard as they have. The shocking evidence to the inquiry this week has been revealed because of their work, and we should be grateful to them. I concur with the right hon. Member: many people are cynical about this place, or people’s motivations for entering it, but people enter this place to try to do some good and make change for the better. He has, both Houses have, and it is my pleasure to have been a part of it, too.

[Rushanara Ali]

On a point of order, Mr Deputy Speaker. I want to thank a number of colleagues who are stepping down. As has been mentioned, the Minister’s predecessor, the hon. Member for Sutton and Cheam (Paul Scully), is stepping down. I thank him for taking the Bill and this work to the point that he did. I also thank the Deputy Chief Whip for the Labour party, my hon. Friend the Member for Halifax (Holly Lynch). I discovered today that she is stepping down, and I am pretty gutted.

Most crucially, I thank my right hon. Friend the Member for North Durham (Mr Jones). As others have pointed out, his work has been profound, along with that of Lord Arbuthnot and all the sub-postmasters involved in this important, powerful campaign. Again, I am very saddened that he has decided to leave the House, but I know that he will be a tireless campaigner to ensure that, whoever is in power after the general election, the work continues and victims get the justice and exoneration that they need. We are all incredibly grateful for the work that he has done with others across the House, and with the wider campaign. As has been pointed out, it is campaigns such as this that highlight the power of our democracy, and show it, and our political representatives, at their best. Kevan is the epitome of that, along with other colleagues who have exposed other scandals, working with their constituents. I thank all my colleagues across the House, and the Minister for the work that he has done on this important issue.

[Mr Deputy Speaker (Mr Nigel Evans)]

This is such an emotional time for us, today and tomorrow. Holly, I did not know. We wish you well for the future. We will miss you greatly, but do not be a stranger, please. The same to you, Kevan.

Lords amendment 1 agreed to.

Lords amendment 2 agreed to.